THE CASE FOR GAY RIGHTS FROM BOWERS TO LAWRENCE AND BEYOND

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The Case For Gay Rights

Author : David A. J. Richards
ISBN : UOM:39015061434588
Genre : Law
File Size : 73.90 MB
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Provides detailed observations and reflections on the constitutional and democratic principles that underpin the debates over traditional values, defense of marriage, and gay rights in this distillation of the author's thirty-year advocacy for the rights of gays and lesbians.
Category: Law

The Sodomy Cases

Author : David A. J. Richards
ISBN : STANFORD:36105132242905
Genre : Law
File Size : 27.97 MB
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For America's gay community, the question of rights is often reduced to the issue of privacy. Until very recently, even though this right has been upheld by the Supreme Court in landmark cases relating to contraception and abortion, the issue of "nonprocreational sex" continued to trigger a double standard for gay men. Now David Richards, a leading legal scholar who is himself gay, shows how two other landmark cases nearly twenty years apart shed light on America's evolving views of privacy. The Supreme Court's decision in Bowers v. Hardwick (1986) stemmed from a 1982 gay-sex arrest in an Atlanta home under a Georgia law that criminalized sodomy--a case not originally prosecuted, but then pursued in court to challenge the statute's constitutionality. Lawrence v. Texas (2003) followed a similar arrest in 1998 in Houston, where Texas law also criminalized sodomy--but only when practiced by members of the same sex. Richards views these cases as the nadir and apogee of the gay community's efforts to fight discrimination through the courts. In Bowers, the Supreme Court ruled that there was no constitutional protection for sodomy and that states could outlaw those practices. But in Lawrence, the Court overturned the Texas law--and the Bowers decision as well--because it denied due process protection to consenting adults whose sexual practices were conducted in private. Justice Kennedy's majority opinion reaffirmed a constitutionally protected right to privacy that prevented the government from regulating intimate behavior. Tracing the Court's deliberations, Richards shows how Lawrence unambiguously establishes that the right to a private life is an innately human right and that ourconstitutional right to privacy rests on the moral bedrock of equal protection. He shifts gracefully from the law to literature, and from the Courts to the wider culture, to offer a brilliant analysis of the relevant arguments, going beneath their surface to link them to the emotional and moral foundations of the controversies raging around these decisions. Both of these cases show a Supreme Court ready to take seriously the idea that homosexuals have human rights--and that these rights are the basis of judicially enforceable constitutional rights. In describing these challenges to public prejudice, Richards's book offers students and general readers new insight into the practice and theory of constitutional law.
Category: Law

Beyond Same Sex Marriage

Author : Ronald C. Den Otter
ISBN : 9781498512022
Genre : Law
File Size : 48.43 MB
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This edited volume contributes to the growing literature on post-marriage-equality marriage. It is the first interdisciplinary approach to understanding the various historical, empirical, normative, and legal dimensions of marriage as Americans begin to imagine what marriage could be like in the future.
Category: Law

An Argument For Same Sex Marriage

Author : Emily R. Gill
ISBN : 9781589019218
Genre : Social Science
File Size : 71.40 MB
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The relationship between religious belief and sexuality as personal attributes exhibits some provocative comparisons. Despite the nonestablishment of religion in the United States and the constitutional guarantee of free exercise, Christianity functions as the religious and moral standard in America. Ethical views that do not fit within this consensus often go unrecognized as moral values. Similarly, in the realm of sexual orientation, heterosexuality is seen as the yardstick by which sexual practices are measured. The notion that "alternative" sexual practices like homosexuality could possess ethical significance is often overlooked or ignored. In her new book, An Argument for Same-Sex Marriage, political scientist Emily Gill draws an extended comparison between religious belief and sexuality, both central components of one’s personal identity. Using the religion clause of the First Amendment as a foundation, Gill contends that, just as US law and policy ensure that citizens may express religious beliefs as they see fit, it should also ensure that citizens may marry as they see fit. Civil marriage, according to Gill, is a public institution, and the exclusion of some couples from a state institution is a public expression of civic inequality. An Argument for Same-Sex Marriage is a passionate and timely treatment of the various arguments for and against same-sex marriage and how those arguments reflect our collective sense of morality and civic equality. It will appeal to readers who have an interest in gay and lesbian studies, political theory, constitutional law, and the role of religion in the contemporary United States.
Category: Social Science

The Social History Of Crime And Punishment In America A De

Author : Wilbur R. Miller
ISBN : 9781412988766
Genre : History
File Size : 57.29 MB
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Several encyclopedias overview the contemporary system of criminal justice in America, but full understanding of current social problems and contemporary strategies to deal with them can come only with clear appreciation of the historical underpinnings of those problems. Thus, this four-volume work surveys the history and philosophy of crime, punishment, and criminal justice institutions in America from colonial times to the present. It covers the whole of the criminal justice system, from crimes, law enforcement and policing, to courts, corrections and human services. Among other things, this encyclopedia will: explicate philosophical foundations underpinning our system of justice; chart changing patterns in criminal activity and subsequent effects on legal responses; identify major periods in the development of our system of criminal justice; and explore evolving debates and conflicts on how best to address issues of crime and punishment. Its signed entries provide the historical context for students to better understand contemporary criminological debates and the contemporary shape of the U.S. system of law and justice.
Category: History

Encyclopedia Of The United States Constitution

Author : David Andrew Schultz
ISBN : 9781438126777
Genre : Constitutional law
File Size : 65.55 MB
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Covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country, the United States Constitution.
Category: Constitutional law

Dishonorable Passions

Author : William N. Eskridge Jr.
ISBN : 9781440631108
Genre : History
File Size : 33.90 MB
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From the Pentagon to the wedding chapel, there are few issues more controversial today than gay rights. As William Eskridge persuasively demonstrates in Dishonorable Passions, there is nothing new about this political and legal obsession. The American colonies and the early states prohibited sodomy as the crime against nature, but rarely punished such conduct if it took place behind closed doors. By the twentieth century, America’s emerging regulatory state targeted degenerates and (later) homosexuals. The witch hunts of the McCarthy era caught very few Communists but ruined the lives of thousands of homosexuals. The nation’s sexual revolution of the 1960s fueled a social movement of people seeking repeal of sodomy laws, but it was not until the Supreme Court’s decision in Lawrence v. Texas (2003) that private sex between consenting adults was decriminalized. With dramatic stories of both the hunted (Walt Whitman and Margaret Mead) and the hunters (Earl Warren and J. Edgar Hoover), Dishonorable Passions reveals how American sodomy laws affected the lives of both homosexual and heterosexual Americans. Certain to provoke heated debate, Dishonorable Passions is a must-read for anyone interested in the history of sexuality and its regulation in the United States
Category: History

Fundamentalism In American Religion And Law

Author : David A. J. Richards
ISBN : 9781139484138
Genre : Law
File Size : 30.60 MB
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Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.
Category: Law

The Oxford Handbook Of Church And State In The United States

Author : Derek H. Davis
ISBN : 9780190208783
Genre : Religion
File Size : 54.48 MB
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Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.
Category: Religion

Queer Inclusions Continental Divisions

Author : David Rayside
ISBN : 9781442691018
Genre : Social Science
File Size : 84.16 MB
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No area of public policy and law has seen more change than lesbian, gay, bi-sexual, and trans-gender rights, and none so greatly needs careful comparative analysis. Queer Inclusions, Continental Divisions explores the politics of sexual diversity in Canada and the United States by analyzing three contentious areas - relationship recognition, parenting, and schooling. It enters into long-standing debates over Canadian-American contrasts while paying close attention to regional differences. David Rayside's examination of change over time in the public recognition of sexual minorities is based on his long experience with the analysis of trends, as well as on a wide-ranging search of media, legal, and social science accounts of developments across Canada and the United States. Rayside points to a 'take off' pattern in Canadian policy change on relationship recognition and parenting, but not in schooling. At the same time, he explores the reasons for a 'pioneering' pattern in early gains by American LGBT activists, a surprising number of court wins by American lesbian and gay parents, and changes in American schooling that, while still modest, are more substantial than those instituted by the Canadian system. Queer Inclusions, Continental Divisions is a timely examination of controversial policy areas in North America and a reasoned judgment on the progress of lesbian and gay issues in our time.
Category: Social Science